Release Afoko, Continuous Detention 'Unconstitutional'— Lawyer

In a recent Facebook post the Human Rights activist intimated that the dictates of Rule of Law require that when persons are held for unreasonably long periods in detention, regardless of any other step that may be lawfully available to the State, the said person needs to be released.

He wrote:

“#Justice #For #All

#InJustice #To #None

Thanks to the Court of Appeal for upholding the Constitutional right of Gregory Afoko.

We must understand the same law that defines crimes and gives the power of arrest, detention and trial is the same law that requires persons to be released unconditionally or on terms that will enable them to stand trial. Why stop Greg’s Bail???

Article 14 (4) of the 1992 Constitution of Ghana.

(4) Where a person arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this article is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released wither unconditionally or upon reasonable conditions, including in particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

Continuous holding of Gregory Afoko after bail is unconstitutional and a violation of his fundamental rights.

#ReleaseGregoryAfokoNow.

#RuleOfLaw

#JusticeForAll

Court of Appeal

The Court of Appeal per Justice Clemence Honyenuga, held on Monday, April 15, that the Attorney-General did not demonstrate any exceptional circumstances that required the Court to halt the release of Gregory Afoko on bail, once the conditions were met.

Background

Gregory Afoko has been on trial since 2015 for the murder of former Upper East Chairman of the New Patriotic Party, Adams Mahama.

His trial was, however, setback after the arrest of the man alleged to be his accomplice Asakba Alangdi was arrested earlier this year leading to the Attorney-General filing a nolle prosequi and beginning the process all over, even though the trial was at the addresses stage.

---Myjoyonline